071026P.pdf   04/17/2009  Cedar Hill Hardware and Constr  v.  Insurance Corp of Hannover
   U.S. Court of Appeals Case No:  07-1026
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Melloy, Author, with Bowman and Wollman, Circuit Judges]
   Civil case - Insurance. Insurer had not waived its misrepresentation
   defense to plaintiff's claim for coverage, and it was not estopped from
   asserting the defense; court did not err in admitting testimony about
   industry-wide practices; no error in admitting investigator's reports as the
   reports were admitted to show what information insurer had relied on and
   not for the truth of the statements the investigators had gathered; court
   did not abuse its discretion in admitting evidence regarding underwriting
   standards; instruction on insurance policy misrepresentations complied
   with Missouri law, and the jury's finding of an intentional and material
   misrepresentation was supported by the evidence; instruction on
   vexatious refusal to pay was not plain error; district court's time limits 
   for the second phase of the trial were not an abuse of discretion, especially
   in light of the length of the first phase of the trial, the pattern of 
   cumulative witnesses called by the parties, and the trial court's knowledge 
   of the attorneys' methods and their use of time; denial of Rule 60(b) motion 
   was not an abuse of discretion; district court had authority under the
   Declaratory Judgment Act to award insurer restitution of amounts paid
   plaintiff and plaintiff's mortgagee.